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  • Question

    If an offeror proposes an FTE who meets all of the technical requirements on paper, but the recent and relevant experience was with the customer as a civilian, and the customer says this person was a terrible employee and they would never work with this person again, what is the way forward? Can a candidate's past performance be lumped into the offeror's past performance? Or would this stay under technical and the customer would need to state something like, "Although the proposed candidate meets all of the requirements specified at XYZ section, the performance of the proposed candidate, during their employment history at DoD ABC, was neither exceptional or acceptable, and DoD ABC has no desire to work closely with this individual again."


    Answer

    The past performance of an offeror is the sum of the individual past performances of the employees who work for the offeror. If a large percentage of an offeror’s employees performed marginally for previous customers, that offeror’s past performance could be justifiably downgraded. If only one or two employees performed clearly unsatisfactorily, that offeror’s past performance could also be justifiably downgraded. FAR 13.106-2(b)(3) provides contracting officers with a reasonable degree of latitude for evaluating past performance and does not prescribe the extent to which any one employee’s individual past performance can or can’t be a significant factor when evaluating past performance. All that said, the specific path forward is a contracting officer decision…in consultation with the unhappy customer.

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